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Defective vehicle sold by dealer

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What is the name of your state (only U.S. law)? Texas

I purchase this vehicle in the state of Texas and made a 3K down payment. Walked out of showroom with the vehicle and was having fun, until 3-4 days later, the tranmission ceized working. Upon calling the manufacturer and doing online research, found out that even the replacement tranmissions are defective by that manufacturer.

I took the vehicle back the dealer, and was told flat out that i cannot have my money back. Do i stand a lawsuit on the basis that defective vehicle was sold to me?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Texas

I purchase this vehicle in the state of Texas and made a 3K down payment. Walked out of showroom with the vehicle and was having fun, until 3-4 days later, the tranmission ceized working. Upon calling the manufacturer and doing online research, found out that even the replacement tranmissions are defective by that manufacturer.

I took the vehicle back the dealer, and was told flat out that i cannot have my money back. Do i stand a lawsuit on the basis that defective vehicle was sold to me?
Really what kind of vehicle is it?
 

justalayman

Senior Member
what year make and model? How many miles? Was the sale as is? was there any warranty offered? Did you have the vehicle inspected prior to the purchase?
 
There are instances with buying a used vehicle through a dealership, where as-is is not the final word. Thus, the reason for the 3-day rule.

It depends on things such as dealer claims (in writing) regarding the quality of the vehicle (a vehicle web sale page) and their overall claims about their cars as a whole. If a dealership claims to put their cars through an extensive mechanical workup, they'd better not send you home with an existing oil leak or blinking engine light. (for example)

Car dealers don't try to sell you a vehicle by telling you it's faulty. There is a clear implication, before and during the sale, that mentioned vehicle is within a reasonable condition and that it is capable of its intended use - as a operable vehicle.
 

I_Got_Banned

Senior Member
There are instances with buying a used vehicle through a dealership, where as-is is not the final word. Thus, the reason for the 3-day rule.

It depends on things such as dealer claims (in writing) regarding the quality of the vehicle (a vehicle web sale page) and their overall claims about their cars as a whole. If a dealership claims to put their cars through an extensive mechanical workup, they'd better not send you home with an existing oil leak or blinking engine light. (for example)

Car dealers don't try to sell you a vehicle by telling you it's faulty. There is a clear implication, before and during the sale, that mentioned vehicle is within a reasonable condition and that it is capable of its intended use - as a operable vehicle.
What "3 day rule"?
 
What "3 day rule"?
The 3 day rescission return policy that many dealers offer. I think dealers realize that not all of their cars are going to be of satisfactory condition, once they leave the lot. It's not a law, that I know of, but it is offered by dealers.

It's also called the cooling off period.
 
what year make and model? How many miles? Was the sale as is? was there any warranty offered? Did you have the vehicle inspected prior to the purchase?
The vehicle is 2007 Nissan Murano, 75K miles. The dealer told me verbally that there is a 30 day warranty on this vehicle. The vehicle was inspected on 105 Pts inspection before it was sold to me, thats what the salesman told me.
 

Zigner

Senior Member, Non-Attorney
The 3 day rescission return policy that many dealers offer. I think dealers realize that not all of their cars are going to be of satisfactory condition, once they leave the lot. It's not a law, that I know of, but it is offered by dealers.

It's also called the cooling off period.
So, in a nutshell, you made a post with a clear cut statement that there is some "3 day rule" and, when called on it, you acknowledge that it is nothing but a general policy that some dealers might have, as opposed to a rule (law.)

Don't intentionally post inaccurate information. It would have been one thing for you to have just made a mistake. But, in this case, you INTENTIONALLY posted false information, and that's not "cool."
 

Zigner

Senior Member, Non-Attorney
The vehicle is 2007 Nissan Murano, 75K miles. The dealer told me verbally that there is a 30 day warranty on this vehicle. The vehicle was inspected on 105 Pts inspection before it was sold to me, thats what the salesman told me.
Good, you have a written warranty. Use that warranty.

Oh...you didn't actually GET a warranty in writing? Then I'd bet that your paperwork all says "as-is", right?
 

Antigone*

Senior Member
The 3 day rescission return policy that many dealers offer. I think dealers realize that not all of their cars are going to be of satisfactory condition, once they leave the lot. It's not a law, that I know of, but it is offered by dealers.

It's also called the cooling off period.
There is no inherent right to a "3-day recission return policy." Car dealers don't typically have a buyer's-remorse out for people who come to them to purchase a vehicle. You need to educate yourself and see when and where consumers have a 3-day right of recission. It certainly is NOT in this case.

Amy stay on the side lines ~ please:rolleyes:
 
That is correct, my paperwork says "AS-IS', but when i went to talk to them about it, they said "Yeah we gave you 30 days warranty and we are more than willing to do the repairs", when i know, repairing the vehicle will not cut it, because all trannys have the same problems, and there is no recall from manufacturer
 

Antigone*

Senior Member
That is correct, my paperwork says "AS-IS', but when i went to talk to them about it, they said "Yeah we gave you 30 days warranty and we are more than willing to do the repairs", when i know, repairing the vehicle will not cut it, because all trannys have the same problems, and there is no recall from manufacturer
Why don't I believe that statement:confused:
 

justalayman

Senior Member
That is correct, my paperwork says "AS-IS', but when i went to talk to them about it, they said "Yeah we gave you 30 days warranty and we are more than willing to do the repairs", when i know, repairing the vehicle will not cut it, because all trannys have the same problems, and there is no recall from manufacturer
then you had best take advantage of the "we are more than willing to do the repairs" offer based on their verbal warrant (but get the fact the work is under this warranty, whatever the terms are apparently unknown, in writing) and enjoy your vehicle. Other than that, unless you can prove some intentional deception, you will almost assuredly lose any argument.
 
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